Last Updated: September 13th, 2019.
Primped Beauty Technologies Inc. and its affiliated companies (collectively “Primped”, “we” or “us”) own primped.ca and such other locations as made available (the “Website”), the Primped mobile applications and the related Primped web applications (the “App” and collectively with the Website, the “Site”), as each may be updated, relocated or otherwise modified. Please read these terms and conditions of use (as amended from time to time), and any guidelines, rules or operating policies that we may post on the Site (collectively the “Terms”) carefully before using the Site. These Terms govern your access to and use of this Site, including the messages, information, data, text, software, images and other content that make up this Service (as defined in Article 2.1) (the “Content,” which content is part of this Site). These Terms exempt Primped and others from liability and/or limit our and their liability and contain other important provisions that apply to your use of the Site.
Any use of this Site or the Service (as defined in Article 2.1) is conditional upon the acceptance of these Terms. By using the Site or the Service, you agree on your own behalf, and on behalf of any organization on whose behalf you may act (collectively referred to herein as “you”), to: (i) accept and abide by these Terms for each use of the Service and each visit to the Site; and (ii) to follow all applicable regulations that apply to the Service. If you do not agree to these Terms, you must stop using the Site and the Service.
Primped operates the Site as a platform that connects you with a network (collectively with the Site, the “Service”) of independent beauty, health and wellness professionals (“Primped Providers”) whom may offer their services and other related products to you. You may utilize the Service for purposes of booking Primped Providers for the provision of beauty, health and wellness services (the “Treatments”). You acknowledge and agree that the Service constitutes a technology platform that enables users of the Site to arrange and schedule Treatments with independent third party providers and that all Primped Providers are independent third party contractors who are not employees of Primped. Primped encourages Primped Providers to have and maintain applicable professional liability insurance; however, you acknowledge and agree that Primped does not require them to do so. Primped does not employ or control the Primped Providers and as such we do not determine certain details such as the quality, timing, legality, or availability of Treatments. When you book a Treatment through the Service you are booking with the Primped Provider and our third party payment processor will be handling the transaction and collecting the payment for your Treatment.
We have the right, in our sole discretion, to add to, remove, modify or otherwise change any part of these Terms, in whole or in part, at any time. If we exercise this right, the “Last Updated” notice at the top of this document shall be amended to reflect the last date of such changes. Changes will be effective as of the date the changes to these Terms are posted to the Site or otherwise communicated to you via email. It is your responsibility to check these Terms each time you access or use the Services to determine whether any changes have been made, including by checking the date of the “Last Update” at the top of these Terms. If any change to these Terms is not acceptable to you, you must discontinue your use of the Service immediately. Your continued use of the Service after any such changes are posted will constitute acceptance of those changes. These Terms apply exclusively to your use of the Service and do not alter the terms or conditions of any other agreement you may have with us.
We may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue any aspect of the Service, including: (i) changing the availability of, restricting access to, or imposing limits on any or all features or services on, or links to, this Service; (ii) removing, adding, modifying or otherwise changing any fees or charges arising out of use of this Service or any features of this Service; and (iii) removing, adding, modifying or otherwise changing any Content on this Service. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of this Service at any time without notice, but confirm that we have no duty to do so. You acknowledge that certain features of the Service may require you to agree to additional terms and conditions as applicable therein. If you do not agree to abide by such additional terms and conditions, you may not be able to use the additional features of the Service.
2.2 Minimum Age and Ability to Bind
You must be 18 years of age or older and of at least the age of majority in the jurisdiction in which you reside as of the time you register to use the Service. If you are using the Site or the Service on behalf of an organization, you represent and warrant that you have the ability to bind such organization by your use of the Site and the Service.
In order to use the Service you must complete the Primped member registration process on the Site. Each person who completes the registration steps set out on the Site may, at our sole discretion, become a Primped member (“Primped Member”) subject to the following:
(a) Completeness and Accuracy. You must provide complete and accurate information to us and notify us if your information changes. Creating username and password and/or submitting registration information does not guarantee that you will be granted membership to use the Service. Any personal information which Primped collects via this Service is subject to our privacy statement available at https://primped.ca/privacy-policy (“Privacy Statement”). You hereby acknowledge that the collection, use and disclosure of your personal information pursuant to the Privacy Statement is for reasonable and appropriate purposes, and is done with your knowledge and consent.
(b) Password Protection. You may not share your username or password with any other person. You are responsible for all activity occurring under your Primped Member account, and shall abide by all applicable local, state, provincial, national and foreign laws, treaties and regulations in connection with use of the Service. You shall: (A) notify us immediately of any unauthorized use of any password or Primped Member account or any other known or suspected breach of security; and (B) not impersonate another person or provide false identity information to gain access to or use the Service. Without limitation, we may immediately remove or suspend any Primped Member account that falls, or is suspected of falling, under the scope of the foregoing paragraphs (A) or (B).
(c) Unauthorized Use. If you become aware of an unauthorized access to your account, or ought to have become aware of such access, you must change your password and notify us immediately. You agree to notify us promptly of any unauthorized use of your password and you will remain liable for any use of this Service to the extent permitted by law.
(d) Standards of Use. You must not use this Service in any manner that is unlawful (including by accessing this Service from any location where such access may be illegal or prohibited), unethical, indecent, offensive, defamatory, derogatory, fraudulent, deceptive, harmful, abusive, threatening, vulgar, profane, pornographic, obscene, sexually explicit, sexist, racist, hateful, offensive, harassing, invasive of the privacy or publicity rights of others (this includes the posting of any materials that depict, encourage, indicate, advocate or tend to incite any such conduct), or is otherwise objectionable or which does not respect the legal rights and interests of others.
3.1 Requesting Treatments
A Primped Member may use the Service to send a request to have a particular Treatment provided (a “Request”). Such Requests must be clearly worded, correctly provide for the relevant category of Treatment, indicate your preferred date and time to receive the Treatment, indicate three (3) alternative dates and times to receive the Treatment, the availability of parking at the Premises (as defined below) and include a fair and accurate description of the Treatments to be provided. Although Primped attempts to accommodate your preferred date and time we may, at our discretion, select any of the preferred or alternative times in order to make the Treatment available to you. When making a Request, the Primped Member is solely responsible for confirming the accuracy of all information provided, including the Treatment requested and the location at which the Primped Member will receive such Treatment (the “Premises”).
As a Primped Member, you understand and agree that your Request is one which a Primped Provider has the ability to accept, or reject in his or her sole discretion. Once a Primped Provider has accepted your Request (a “Confirmed Appointment”), cancellation shall be made only in accordance with the cancellation policy found at: https://primped.ca/cancellation-policy (“Cancellation Policy”). You understand that once a Primped Provider accepts your Request and a Confirmed Appointment has thus been made, we will notify you with basic information about the Primped Provider, which may include the Primped Providers name, expertise and estimated time of arrival.
3.2 Terms and Conditions
You agree with the following terms for all Treatments booked through the Service.
(a) Conduct of Primped Members.. Primped does not tolerate any requests or behaviour deemed inappropriate (by us in our sole discretion) in nature. Primped Members reported for inappropriate behavior may be immediately removed from the Service, at our sole discretion. Please refer to our Community Guidelines attached hereto as Schedule A for further information on your expected conduct during any Treatments.
(b) Conduct of Primped Providers. PRIMPED MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER AS TO THE CHARACTER, FITNESS OR SUITABILITY OF ANY PRIMPED PROVIDER. By using the Service, you acknowledge and agree that certain Primped Providers may be governed by applicable laws, regulations, policies (including those pertaining to client records maintenance), principles, standards of practice and code of ethics and as such, Primped Providers are solely responsible for ensuring their compliance with such applicable laws, regulations, policies, principles, standards of practice and code of ethics.
(c) Fees. The fees, including any cancellation fees and referral fees paid to Primped, are set by the applicable Primped Provider and listed on the Site (“Fees”). Fees do not include applicable sales taxes. To the extent the Fees are deemed under applicable legislation to be inclusive of sales taxes, the Fees shall be increased accordingly so that the amount of the Fees charged to you by Primped Providers net of applicable sales taxes shall equal the amount of the Fees as calculated as if the tax deeming rule did not apply. Primped Providers may, upon notice to Primped, change the Fees. Changes in Fees are only applicable to Requests sent by a Primped Member after the change in Fees is posted to the Site. If you wish to provide a tip to your Primped Provider, you may do so at the time of your Treatment in cash or via the Site within 48 hours of your Treatment.
(d) Responsibility for Payment. Primped Members will be invoiced and charged the applicable Fees promptly following the completion of the Treatment. Fees paid by you are final and non-refundable, unless otherwise determined by Primped. Upon the receipt of your invoice, you agree to pay to Primped all amounts owed thereunder (including any Fees plus applicable taxes), whether or not you dispute the amount of the charge or the quality or nature of the Treatment or Treatments provided. You agree that Primped (or a third party payment processor on our behalf) may obtain a credit card authorization for your credit card on file with Primped to cover the cost of Treatments, and your card will be charged with the Fees, any other applicable fees, taxes and tips two (2) days after Treatments are completed.
(e) Timing to Book a Treatment. Subject to the location of the Premises selected for your Treatment, the Treatment requested, the availability of a Primped Provider willing to accept your Request, and other conditions beyond our control, we will make reasonable efforts, but are under no obligation, to connect you with a Primped Provider who is available to provide the Treatment set out in your Request.
(f) Cancellation and Lateness. Primped Members should provide as much advance cancellation notice as possible in connection with any Confirmed Appointments. Any cancelation of or lateness to a Confirmed Appointment will be subject to and addressed in accordance with our Primped Member policies located at: https://primped.ca/customer-policies.
(g) Circumventing Primped. You acknowledge and agree that if you book an any services with a Primped Provider outside of Site such booking shall be at your sole and exclusive risk. As such, to the fullest extent permitted by applicable law, you waive and release any and all Primped Representatives (as defined in Article 9) from any and all claims, demands, causes of action, damages, losses, expenses or liability which may arise out of, result from, or relate in any way to your circumvention of the Site.
(h) Disputes with Primped Providers. Any dispute or controversy between you and a Primped Provider shall be settled in accordance with the Complaint Process set out in Article 3(l) below and shall further be conducted in accordance with all applicable laws, regulations, policies, principles, standards of practice, and code of ethics as outlined by the applicable governing bodies of such Primped Providers.
(i) Complaints Process. All complaints must be formally submitted to email@example.com or via the Site through your Primped Member account. For detailed information on how to submit a complaint and the terms that apply to your specific Treatment please refer to our Primped Member policies located at: https://primped.ca/customer-policies.
(j) Allergies, Sensitivities, and Other Health Concern. All Primped Members are required to disclose allergies, sensitivities, and any other health considerations in advance of every Request. This information is explicitly requested and collected via the booking forms on the Site and may be updated by you under the “Profile” section of your Primped Member account under the heading “Current Medical Concerns”. It is your sole responsibility to disclose all related information when submitting a Request or prior to receiving any Treatment. It is also your sole responsibility to inform Primped Providers of any issues prior to the commencement of any Treatment. You shall indemnify and hold harmless any Primped Representatives (as defined in Article 9) for any allergic reactions, adverse health outcomes, or other such bodily harm caused during or after a Treatment regardless of whether it is a stated medical concern (including allergies and sensitivities), or not. All Primped Members are required to answer health related questions posed by Primped Providers accurately and completely.
(k) Reactions and Other Bodily Harm. Primped does not provide medical advice with respect to any allergies, sensitivities, and any other health related adverse effects or harm caused by products, tools, equipment or methods used by Primped Providers. If you experience any allergies, sensitivities, and any other health related adverse effects or harm during or after Treatment you agree to seek immediate, professional medical attention. Primped does not condone Primped Providers to provide medical advice, nor will any Primped Representative (as defined in Article 9) be held liable for any medical advice provided by Primped Providers or other affiliates of Primped.
(l) Booking for Groups. If you book a Confirmed Appointment on behalf of any person, you are required to ensure that such persons are made aware of and agree to these Terms (including any related policies). If you place a Request on behalf of any person or any person who is a minor, you represent and warrant that you are legally authorized to act on behalf such persons. Minors may only participate in a Treatment if accompanied by an adult who is responsible for them and registered as a Primped Member.
(m) Parking. When submitting a Request, you must outline whether you have free or paid parking available for a Primped Provider at the Premises. If you indicate that you do not have free parking available, Primped Providers will undertake reasonable efforts to find free parking. If the Primped Provider is unable to find free parking, Primped reserves the right to charge you for any parking costs above $5.00 that are incurred by a Primped Provider. This charge will be outlined in your receipt for each completed Treatment
COPYRIGHT AND TRADEMARKS
This Service is protected by Canadian copyright laws and treaty provisions. Any unauthorized copying, redistribution, reproduction or modification of this Service (including any element of the Content) by any person may be a violation of trade-mark and/or copyright laws and could subject such person to legal action. You agree to comply with all copyright laws worldwide in your use of this Service and to prevent any unauthorized copying, redistribution, reproduction or modification of this Service or any of the Content.
Certain names, graphics, logos, icons, designs, words, titles and phrases on this Service, including “Primped,” constitute trade-marks, trade names, trade dress and associated products and services of Primped or its affiliates (the “Marks”) or constitute trade-marks, trade names, trade dress and associated products and services of Primped Providers, suppliers or other third parties (the “Third Party Marks”) and are protected in Canada and internationally and their display on this Service does not convey or create any licence or other rights in the Marks or the Third Party Marks. Any use of the Marks or the Third Party Marks, in whole or in part, without prior written authorization of Primped or such third party, as applicable, is strictly prohibited. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Primped and may not be copied, imitated or used, in whole or in part, without the prior written permission of Primped. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHER MODIFICATION OF THIS SITE WITHOUT THE EXPRESS WRITTEN PERMISSION OF PRIMPED IS STRICTLY PROHIBITED.
ACCESS AND USE OF THE SITE AND SERVICE
5.1 Consent to Electronic Communications
By using the Service, you agree to receive messages and notifications regarding your use of the Service. You understand that you may incur charges for these messages and notifications depending on your current carrier plan and agree not to hold Primped liable for any such charges. Text messages are for informational purposes only. While text messages and other notifications are intended to enhance your use of the Service, we will ask for your consent (opt-in) to send you such notifications prior to sending same. If you opt in, you may, at any time, email us to request that we remove (opt-out) your contact information from our contact list. If you wish to remove yourself from our contact list, please email us at firstname.lastname@example.org with “OPT-OUT”, “UNSUBSCRIBE” or “REMOVE” in the subject line.
5.2 Network Access and Devices
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. Primped does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications. We have no liability for such malfunctions or delays including messages failures or transmission delays.
PROVISION OF SERVICE AND USER CONDUCT
6.1 License and Restrictions
The Service shall only be used for lawful purposes and you shall use the Service only in compliance with these Terms, and all applicable laws, including all applicable anti-spam legislation and any other policies and laws related to unsolicited emails, spamming, privacy, obscenity, defamation and copyright and trademark infringement.
Subject to your compliance with these Terms, Primped grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (a) access and use the Site on your personal device or computer solely in connection with your use of the Services; and (b) access and use any Content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Primped and Primped’s licensors.
You may not, nor may you cause or assist another to: (i) infringe any third party rights or remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, decompile, reverse engineer, disassemble, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Primped; (iii) use the Service in any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse, this Service or any other services, system resources, accounts, servers, networks, affiliated or linked sites connected to or accessible through this Service (including uploading, posting or otherwise transmitting on this Service any computer viruses, Trojan horses, worms or other files or computer programs which are potentially harmful, disruptive or destructive or that may impose an unreasonable or disproportionately large load on the infrastructure of this Service); (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks; (vii) use this Service in any manner that may dilute or depreciate our name or reputation, our Marks (as defined below) or our affiliates or associates; or (viii) interfere with any other persons’ use and enjoyment of this Service or of the Internet generally.
Any use of the Service in violation of the foregoing may result in, among other things, termination or suspension of your rights to use the Service.
6.2 Promotional Codes
Primped may, in Primped’s sole discretion, create promotional codes that may be redeemed for credit, or other features or benefits related to the Services and/or a Primped Provider’s services, subject to any additional terms that Primped establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Primped; (iii) may be disabled by Primped at any time for any reason without liability to Primped; (iv) may only be used pursuant to the specific terms that Primped establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Primped reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Primped determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in these Terms.
6.3 User Provided Content
(a) Primped may, in Primped’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Primped through the Services textual, audio, and/or visual content and information (“Primped Member Content”). Any Primped Member Content provided by you remains your property. However, by providing Primped Member Content to Primped, you grant Primped a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such Primped Member Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Primped’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
(b) You represent and warrant that: (i) you either are the sole and exclusive owner of all Primped Member Content or you have all rights, licenses, consents and releases necessary to grant Primped the license to the Primped Member Content as set forth above; and (ii) neither the Primped Member Content nor your submission, uploading, publishing or otherwise making available of such Primped Member Content nor Primped’s use of the Primped Member Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
(c) Subject to any applicable law and the requirements of our Privacy Statement:
(i) We do not wish to obtain unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products, goods, services or technologies, product enhancements, processes, materials, marketing plans, or new product names. Accordingly, unless otherwise requested, please do not send any unsolicited ideas, suggestions or other materials (“Submissions”) to us.
(ii) Any communications sent by you to us via this Service or otherwise, including Submissions, whether solicited by us or otherwise, are on a non-confidential basis (other than personal information which is covered under our Privacy Statement), and we are free to use and disclose the content of any such communication, including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose including developing, manufacturing and/or marketing goods and services. You agree to not assert any ownership right of any kind in such communications (including copyright, trade-mark, patent, trade secret, unfair competition, moral rights, or implied contract) and you hereby waive such moral rights in favour of Primped and its affiliates, licensees, successors and assignees. You also acknowledge that you have no right to receive any financial or other consideration in connection with such communication.
(d) We are not obliged to monitor, screen, police or edit your use of this Service, including any Primped Member Content or other content you or others may contribute to this Service, although we may choose to do so in our sole discretion. We will respond as we consider appropriate, in our sole discretion, if we become aware of any inappropriate uses of this Service, including use that constitute copyright infringement.
THIRD PARTY SERVICES
7.1 Third-Party Websites and Services
The Site may contain links to websites that are controlled by third parties and access to certain third-party services, which may include social bookmarking services and social network platforms (each, a “Third Party Service”). Primped makes no representation or warranty regarding any Third Party Service and does not endorse such Third Party services. As such, the links to any Third Party Services are provided to you as a convenience, and we are not affiliated with or responsible for the content, action or performance of any linked website or Third Party Service. You use such websites or services at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements.
You will abide by these Terms regardless of anything to the contrary in your agreement with any third party and you shall not use such Third Party Service to avoid the restrictions set forth in these Terms.
We may terminate any Third Party Service’s ability to interact with the Site or the Service at any time, with or without notice, and in our sole discretion, with no liability to you or to the third party. Any Third Party Service may take actions to impact our ability to make available some or all of the features of the Site or the Service at any time, with or without notice, and we will not be liable to you or to the Third Party Services for any such actions. We accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, any Third Party Services.
DISCLAIMER OF WARRANTY
THE SERVICES, INCLUDING THE SITE, ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND PRIMPED (INCLUDING OUR AFFILIATES AND SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES REPRESENTATIONS, COVENANTS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, NON-INFRINGEMENT, OR THOSE ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE WITH RESPECT TO THIS SERVICE (INCLUDING THE CONTENT). FOR GREATER CERTAINTY, WE (INCLUDING OUR AFFILIATES AND SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICES: (a) WILL MEET YOUR REQUIREMENTS; (b) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (c) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE OR (d) WILL BE COMPATIBLE WITH YOUR COMPUTER OR MOBILE DEVICE OR ANY RELATED EQUIPMENT. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PRIMPED MAKES NO REPRESENTATION, WARRANTY, CONDITIONS, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THIRD PARTY PROVIDERS (INCLUDING PRIMPED PROVIDERS) OR ANY TREATMENTS REQUESTED THROUGH THE SERVICES OR THAT THE SERVICES PROVIDED BY PRIMPED PROVIDERS WILL BE TO YOUR SATISFACTION.
PRIMPED MAKES NO GUARANTEE REGARDING THE PROVISION OF TREATMENTS, THE ACCEPTANCE OF ANY REQUESTS FOR THE PROVISION OF TREATMENTS, THE AVAILABILITY, WORKMANSHIP, TIMELINESS, INTEGRITY, ABILITY OR SKILL OF PRIMPED PROVIDERS OR THE TREATMENTS THEY PURPORT TO BE ABLE OR WILLING TO PROVIDE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
YOU AGREE THAT IN NO EVENT WILL PRIMPED AND ANY OF ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES (COLLECTIVELY “PRIMPED REPRESENTATIVES”) HAVE ANY RESPONSIBILITY OR LIABILITY IN CONNECTION WITH THIS SERVICE, THE SITE, THE CONTENT, THIRD PARTY PROVIDERS (INCLUDING PRIMPED PROVIDERS), TREATMENTS, AND ANY POSTINGS, FOR ANY LOSSES OR DAMAGES WHATSOEVER THEREOF, WHETHER BASED ON CONTRACT (INCLUDING FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM), TORT (INCLUDING NEGLIGENCE) OR OTHER LEGAL OR EQUITABLE BASIS, INCLUDING DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING DAMAGES FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, STOLEN PROPERTY, HARM TO BUSINESS, LOSS OF INFORMATION OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS OR REVENUE, LOSS OF GOODWILL OR OTHER ECONOMIC LOSS OF ANY NATURE WHATSOEVER), ARISING FROM OR IN CONNECTION WITH OR RELATING TO THE USE OF OR ACCESS TO, OR ANY INCONVENIENCE, DELAY OR LOSS OF USE OF OR ACCESS TO, THIS SERVICE, THE CONTENT, THIRD PARTY PROVIDERS (INCLUDING PRIMPED PROVIDERS), TREATMENTS, AND THE POSTINGS OR ANY CONTENT OF ANY LINKED WEB SITE, OR FAILURE OF SUCH WEB SITES (INCLUDING ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN SUCH WEB SITES, CONTENT OR POSTINGS, OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO OR FROM SUCH WEB SITES), EVEN IF WE OR ANY PRIMPED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR IF SUCH DAMAGE OR LOSS WAS FORESEEABLE. IF FOR ANY REASON OR IN ANY CIRCUMSTANCE ANY PRIMPED REPRESENTATIVES ARE FOUND LIABLE TO YOU, THE MAXIMUM AGGREGATE LIABILITY OF SUCH PRIMPED REPRESENTATIVES, FOR ANY AND ALL CLAIMS ARISING IN ANY WAY FROM OR RELATING TO ANY TREATMENT, THE USE OF (OR INABILITY TO USE) THE SERVICE, THE CONTENT, THE POSTINGS OR ANY LINK, PRODUCT OR SERVICE AVAILABLE THROUGH THE SERVICE OR RELATING TO THE SERVICE, OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SERVICE, RELATING TO THE SERVICE OR OTHERWISE, SHALL BE LIMITED TO THE FEES PAID BY YOU TO PRIMPED IN THE 6 MONTHS PRECEDING SUCH CLAIM.
You agree to indemnify and hold Primped Representatives harmless from any and all claims, demands, losses, liabilities, and expenses (including legal fees) arising out of or in connection with: (i) your use of the Services or services or goods (including Treatments) obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Primped’s use of Submissions or Primped Member Content; or (iv) your violation of the rights of any third party, including Primped Providers.
You agree that Primped has set its Fees and entered into these Terms in reliance upon the disclaimers of warranty and the limitations of liability set forth herein, that they reflect an allocation of risk between the parties (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that they form an essential basis of the bargain between the parties.
Primped may change or discontinue the Site or any of the Service at any time without prior notice. Primped reserves the right to terminate your use of this Service at Primped’s election and for any reason, without prior notice, and your agreement with Primped in accordance with these Terms. In the event of any termination, you will immediately cease access to the Site and Service.
SURVIVAL OF TERMS
Notwithstanding any other provisions of these Terms, or any general legal principles to the contrary, any provision of these Terms that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms.
The Site is controlled by Primped and operated by it from its offices in Toronto, Ontario. However, the Site is accessible in all Provinces of Canada and in other countries. These Terms shall be governed by the laws of the Province of Ontario, and the federal laws of Canada applicable therein, without regard to conflict of laws principles. You hereby irrevocably attorn to the exclusive jurisdiction of the courts of Ontario for any disputes related to these Terms.
If you choose to access the Site or use the Service from locations other than Ontario, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify Primped for your failure to comply with any such laws.
These Terms constitute the entire agreement between you and Primped with respect to the subject matter hereof, and supersede all communications, representations or agreements, either oral or written, between us or our affiliates and you with respect to this subject matter. Notwithstanding the foregoing, if you and Primped agree to a written agreement and such agreement expressly overrides these Terms, the provisions of such agreement will prevail. If for any reason a court of competent jurisdiction finds any provision of these Terms or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect.
No waiver of or consent to depart from the requirements of any provision of these Terms will be binding unless it is in writing and signed by Primped. You and Primped are independent contractors, and no agency, partnership, joint venture, employment or franchise relationship is intended or created by these Terms.
The provisions of these Terms will enure to the benefit of and be binding upon you and Primped and its respective successors and assigns, and, if you are contracting as an individual, your heirs, executors, administrators and personal representatives. You may not assign these Terms or your rights and obligations under these Terms without our express prior written consent, which may be withheld in our sole discretion. We may assign these Terms and our respective rights and obligations under these Terms without your consent.
In these Terms the word “including” or “includes” or any variation thereof means including, without limitation and shall not be construed to limit any general statement that it follows to the specific or similar items or matters immediately following it.
Primped shall not be liable, or be deemed to be in default, to you by reason or on account of any delay or omission caused by epidemic, fire, power outages, action of the elements, strikes, lockouts, labor disputes, governmental law, regulations, ordinances, order of a court of competent jurisdiction, executive decree or order, act of God or public enemy, war, riot, civil commotion, earthquake, flood, accident, explosion, casualty, embargo or any other cause beyond the control of Primped, or any act, delay or omission not due to the negligence or default of Primped.
The parties hereto confirm their express wish that these Terms and all documents and agreements directly or indirectly relating thereto be drawn up in the English language. Les parties reconnaissent leur volonté expresse que la présente convention ainsi que tous les documents et contrats s’y rattachant directement ou indirectment soient rédigés en anglais.
QUESTIONS AND COMMENTS
Primped Beauty Technologies Inc.
71 Golfdale Road, Toronto, ON, M4N 2B5
By email: email@example.com